Russia has adopted a new law amending the rules for accreditation of branches and representative offices of foreign organizations. The law takes effect January 1, 2015. Read recommendations by lawyers.
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New rules for the accreditation of branches and representative offices in Russia
1. New rules for the accreditation of branches and representative offices of
foreign organizations and their foreign workers
Russia has adopted a new law1
amending the rules for accreditation of branches and representative
offices of foreign organizations. The law takes effect January 1, 2015.
Agency conducting accreditation
Currently accreditation of representative offices and branches of foreign organizations may be carried
out in the State Registration Chamber of the Ministry of Justice of Russia2
, and in the Chamber of
Commerce and Industry of the Russian Federation (hereinafter - CCI)3
. After January 1, 2015,
accreditation can be carried out only by the authorized state agency. That agency has not yet been
designated, but presumably it will be the Federal Tax Service4
.
Procedure for accreditation of branches and representative offices
The authorized agency will develop a new procedure for accreditation, entering changes in information
contained in the registry, and termination of the validity of accreditation of branches and representative
offices. New lists and formats of documents will also be developed. Deadlines for adoption of these
documents have not yet been approved, but we expect that the documents will be approved before
January 1, 2015.
After January 1, 2015, prior to submitting an application for accreditation of a branch or representative
office of a foreign legal entity, the applicant will have to verify the information as to the number of
foreign employees of such branches (representative offices) at the CCI.
Changes that affect accredited branches and representative offices
Information about already accredited branches and representative offices will be entered in the state
registry of branches and representative offices of foreign legal entities and published on the Internet on
the official site of the state agency conducting accreditation. For entry in the registry of information of
branches and representative offices whose accreditation expires after April 1, 2015, they must submit
the appropriate information to the agency by April 1, 2015. After April 1, 2015, the accreditation of
branches and representative offices that have not submitted information to the authorized agency by
the deadline will terminate.
1
Federal Law dated 05.05.2014 N 106-FZ “On amendments to certain legislative regulations of the Russian Federation”
2
Order of the Ministry of Justice of Russia dated 20.07.2011 N 269 “On confirmation of the Charter of federally funded
institution ‘State Registration Chamber of the Ministry of Justice of the Russian Federation’”
3
Article 15 Law of the RF dated 07.07.1993 N 5340-1 On the Chambers of Commerce in the Russian Federation”
4
Explanatory note to draft federal law N 365820-6 “On amendments to certain legislative regulations of the Russian
Federation”
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New requirements
The new law establishes a list of information that must be included in the regulations on representative
offices and branches of foreign organizations. If the information about branches, representative offices
or foreign companies that is entered in the registry changes, the branch or representative office must
inform the agency no later than 15 calendar days after the change.
Accreditation of foreign employees
Changes at the legislative level reinforce the necessity for all foreign employees working at branches
or representative offices of foreign companies to undergo personal accreditation at the CCI. Previously
the obligation was set out by regulations and such accreditation could be carried out at the CCI 5
or the
State Registration Chamber of the Ministry of Justice of Russia6
. As of January 1, 2015, personal
accreditation will be carried out only by the CCI. The new procedure for personal accreditation has to
be confirmed by the CCI. Upon completion of the personal accreditation process, a certificate of
personal accreditation will be issued instead of the previously issued personal accreditation cards
(service card, sluzhebnaya kartochka).
Recommendations
We recommend foreign organizations operating in Russia through branches and representative offices
take note of the changes in the law, as well as:
1) Check for the need to amend regulations on branches and representative offices for their compliance
with the new requirements;
2) Provide information on branches and representative offices to the authorized agency if the term of
their accreditation expires later than April 1, 2015.
Specialists at Hellevig, Klein & Usov will be happy to assist you in resolving the above-mentioned
issues, as well as answer any questions you may have.
5
http://www.tpprf.ru/ru/services/32602/
6
Order of the Ministry of Justice of Russia dated 25.11.1999 N 341
The contents of this information letter are not a substitute for quality legal consultation, which
requires up-to-date and specific information about a client’s situation.
www.hkupartners.com
www.awaragroup.com
info@awaragroup.com
Global call center: +7 (495) 225 30 38